Maria Del Rosario Martinez v. James Gilmartin, D.D.S.
Published: Sep. 28, 1996 | Result Date: Sep. 9, 1996 | Filing Date: Jan. 1, 1900 |Case number: VC019196 – $0
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Thomas G. Wianecki
(Wesierski & Zurek LLP)
Experts
Plaintiff
Victor W. Mintz
(medical)
Defendant
Calvin Spoolstra
(medical)
James Gilmartin
(medical)
Facts
On Aug. 31, 1994, defendant Dr. James Gilmartin, D.D.S., extracted three molars from the plaintiff, Maria Martinez, a 32-year-old manufacturing packaging lead woman. Following those extractions, the plaintiff had tingling on the right side of her tongue for two months. The tingling then turned into numbness and a total loss of sensation on the anterior two thirds of the right side of the tongue. The plaintiff brought this action against the defendant based on negligence, dental malpractice and lack of informed consent theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $100,000 in argument, which was raised to $250,000 in closing argument. The defendant made no offer (no authority).
Specials in Evidence
$5 (co-payment for one visit to medical doctor) $96 (2 days lost wages) $___________ $____________
Injuries
The plaintiff alleged she sustained permanent numbness of the right side of the tongue (the anterior two-thirds).
Other Information
The verdict was reached approximately one year and four months after the case was filed. The arbitration was held before Judge Carroll M. Dunnum, retired, resulting in an award of $27,500 for the plaintiff. Per the plaintiff, the jury foreman was a defense lawyer and a res ipsa instruction was given.
Deliberation
2-3 hours
Poll
12-0
Length
3 days
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